1. General provisions and sales policies
2. Products and availability
3. Price of the Products
4. Conclusion of the Contract
5. Payment method – invoice
6. Confirmation of shipment and delivery
7. Packaging or packaging
8. Shipments and delivery of the Products
9. Right of withdrawal
10. Cases of exclusion of the right of withdrawal
11. Replacement of Products
12. Defects of conformity
13. Applicable law and competent court
1. General provisions and sales policies
1.1. These general terms and conditions of sale (hereinafter “Terms and Conditions”) govern all sales of products (hereinafter “Products” or individually “Product”) by HomeCrave , with registered office in Via Bramante 40 – 20154 Milan, C.F. and VAT number 12860510960 (hereinafter “HomeCrave”) or third parties (hereinafter “Partner”), as better specified in the following article 1.2., concluded remotely on the website www.homecrave.it (hereinafter “Site” ).
1.2. If the Products on sale on the Site are sold by Partners, the Customer (as defined below) will be duly informed through specific indications contained in the detail page of each individual Product (hereinafter "Product Page") and the Site itself will act as a mere “virtual showcase” for the purposes of the sale of Products by Partners. The Order (as defined below) is subject to the Terms and Conditions, also adopted by the Partners, as well as, for the Partner Products, to the additional specific sales conditions applied by each Partner present on the Product Page (hereinafter "Terms and Conditions Partner's specials"). The Products of each Partner are sold directly by the Partner; HomeCrave will in no way be a contractual party to this sales contract between the Partner and the Customer and therefore cannot consequently be held responsible, in any capacity and for any reason, in relation to any non-compliance by the Partner and with respect to any consequences negative consequences that may arise for the Customer from such failures.
1.3. The online sales service on the Site is reserved exclusively for consumers. By "consumers" we mean natural persons, over 18 (eighteen) years of age, who act for purposes unrelated to their commercial, entrepreneurial, artisanal or professional activity (defined as "Customers" or individually "Customer"). Therefore, by expressly accepting the Terms and Conditions, the Customer declares to purchase the Products for purposes other than the aforementioned purposes.
1.4. In consideration of its commercial policy, HomeCrave reserves the right not to process Orders coming from parties other than the Customer or in any case Orders that do not comply with its commercial policy.
1.5. The Product purchased is intended exclusively for Italy; therefore, if after delivery of the Product the Customer decides to export the Product to a country other than Italy, he will be responsible for the export and will be required to comply with the regulations and restrictions applicable both for export from Italy and for import into the country where you intend to take it. HomeCrave hereby declines any responsibility in this regard.
1.6. The language used for the conclusion of the Contracts (as defined below) is Italian or English depending on the Customer's preference.
1.7. Customers are required to carefully read the Terms and Conditions, available on the Site, in order to become aware of them before purchasing. You can archive each Order Request (as defined below) and download the Terms and Conditions using the relevant browser command. HomeCrave, in any case, will send the Customer a copy of the Order with all the necessary information, also via e-mail. Documents can easily be printed or saved using the functions made available by common email programs.
2. Products and availability
2.1. All information relating to the Products is available on the Site, together with their price.
2.2. HomeCrave and the Partners do not guarantee the Customer that the Products available on the Site are present in HomeCrave stores.
2.3. The graphic representation of the Products displayed on the Site may differ from reality; the Customer must therefore rely on the description of the Product and its characteristics reported on the Product Page. In the case of Products sold by Partners, HomeCrave cannot be held responsible for the truthfulness of the information relating to the Partner Products.
2.4. HomeCrave and the Partners reserve the right to limit, at any time, the quantity and/or type of Products that can be purchased on the Site. The style, models, characteristics and colors of the Products described on the Site may be modified without notice. During the purchase procedure, if a Product is no longer available, the Customer will be notified via an automatic message. HomeCrave cannot under any circumstances be held liable towards the Customer due to the unavailability of a Product.
2.5. HomeCrave is in no case responsible for any errors resulting from the failure of the Customer's internet connection to the Site.
3. Price of the Products
3.1. The price of the Products indicated on the Site is expressed in Euros and is inclusive of all applicable taxes or duties. Any delivery costs, specified on the page of the Site containing the delivery methods, must be added to the price of the Products.
3.2. HomeCrave and Partners constantly verify the accuracy of the prices of the Products indicated on the Site; however, the absence of errors cannot be guaranteed. In the event that an error is found in the indication of the price of a Product, HomeCrave will reject the Order and offer the Customer the opportunity to purchase the Product at the correct price.
3.3. The promotions indicated on the Site will be applicable to the Product only where expressly specified for the same on the Product Page.
4. Conclusion of the Contract
4.1. The Site reports the essential characteristics and price of each Product. The information on the Site does not constitute an offer by HomeCrave or the Partner.
4.2. Before sending a purchase proposal via the Site (defined as "Order Request"), the Customer is required to carefully read all the instructions provided during the purchase procedure (also regarding delivery costs and the conditions for exercise of the right of withdrawal), as well as the Privacy Policy and the Terms and Conditions.
4.3. The transmission of the Order Request constitutes a purchase proposal from the Customer relating to the selected Product, governed by these Terms and Conditions and possibly by the Partner's special Terms and Conditions, and is binding for the Customer, without prejudice to the right of withdrawal provided for in Article 9. The transmission of the Order Request by the Customer entails the latter's obligation to pay the price of the Product and shipping costs, if applicable.
4.4. Before forwarding the Order Request, the Customer has the possibility to make any corrections and/or changes to the data entered by following the specific procedure indicated on the Site; by way of example and not exhaustively, the Customer has the right to change the quantity of the Products he intends to purchase by adding or eliminating one or more Products from the shopping cart (hereinafter "Shopping Bag").
4.5. To purchase a Product, the Customer must (i) insert the selected Product into the Shopping Bag by clicking on the appropriate icon, (ii) fill in the Order Request, (iii) select the payment and delivery method, (iv) accept the Terms and Conditions and declare that you have read the Privacy Policy, (v) transmit the Order Request via the Site.
4.6. Once the Order Request has been submitted, the Customer will receive an automatic message confirming receipt of the Order Request. Only when the Customer receives confirmation of acceptance of the Order Request (hereinafter "Order Confirmation") is the purchase order between the Customer and HomeCrave considered formalized. or the Partner (defined as “Order” or in the plural “Orders”) and therefore concluded the relevant contract for the purchase and sale of the Products (defined as “Contract” or in the plural “Contracts”). The acceptance (or rejection) by HomeCrave or the Partner of the Order Request will be sent to the Customer at the e-mail address indicated by the Customer in the Order Request itself.
4.7. In compliance with the provisions of article 51, paragraph 7 of the Consumer Code, as well as article 13 of the E-commerce Decree (as defined below), the Customer will receive a copy of the Order containing a summary of the characteristics essential elements of the Products purchased, the detailed indication of the price and payment methods, information relating to delivery costs and the conditions and methods of exercising the right of withdrawal.
4.8. HomeCrave or the Partner may refuse an Order Request, or if already formalized, cancel the Order in the following cases:
(i) in the event of unavailability of the Products, without prejudice to the provisions of articles 2.4. and 4.9.; or
(ii) in the event that the payment made by the Customer is not successful (for example, in the event that the purchase price is not charged to the Customer's credit card); or
(iii) if there is a report, or suspicion, of fraudulent or illegal activity, including suspicion that purchases are being made for commercial purposes;
(iv) in case of failure by the Customer to fulfill its obligations deriving from a previous contract concluded with HomeCrave or Partners.
4.9. In case of unavailability of one or more Products ordered, the Customer will be notified by e-mail. In this case the Order Request is rejected or accepted limited to the available Products. In case of partial acceptance, the Customer is required to pay only the price relating to the available Products; if payment is made by credit card, the Customer will only be charged the amount corresponding to the Products available, in addition to any shipping costs, where applicable.
5. Payment method – invoice
5.1. The Customer may pay the price of the Products and any shipping costs using the payment methods made available to the Customer on the summary and payment page of the Site.
5.2. The payment methods must be selected before transmitting the Order Request, they may vary depending on whether the purchase of Products from HomeCrave or from the Partner is involved and it is not possible to modify them in any way once the Order Request has been transmitted.
5.3. In the event that the Customer needs to receive an invoice, the Customer must send a request by email to info@homecrave.it and provide the requested data before transmitting the Order Request. The data for issuing the invoice must be those entered by the Customer in the billing address field. No changes to the invoice are permitted after its issuance. The Customer who does not have an SDI code for electronic invoicing purposes will receive the invoices in electronic format via e-mail. The data to be provided for issuing the invoice are: name and surname or company name, VAT number (or tax code for private entities), address, and SDI or PEC code. The invoice will be issued only upon specific request.
5.4. In the event that the Customer selects the payment on delivery method, this method will not entail any additional expense for the Customer. However, at the time of delivery of the Product the Customer must have the exact sum of the Order in cash, as the Courier (as defined below) will not provide any change.
5.5. The Customer will not be able to select the payment method on delivery if the price of the Products indicated in each Order exceeds the limit of Euro 1,999.99, or the different limit indicated by the chosen Courier.
5.6. HomeCrave accepts payments made using the following payment methods: credit cards (Visa; MasterCard, American Express).
5.7. The transactions will be charged to the Customer's credit card only after:
(i) your credit card details have been verified;
(ii) the debit authorization has been received from the company issuing the credit card used by the Customer, e
(iii) the availability of the Product has been confirmed by HomeCrave or HomeCrave Partners.
5.8. No charge will be made to the credit card at the time of transmission of the Order Request, except for the temporary charge that may be necessary to verify the validity of the credit card. It is understood that, with the Order Confirmation, this temporary charge will be canceled and replaced by the charge corresponding to the amount owed by the Customer. The temporary charge will also be canceled in the event of rejection of the Order Request.
5.9. In the event that the Customer selects the payment method by credit card or PayPal, the Customer will be directed to the payment provider's page for processing the payment and must follow the instructions provided by them.
5.10. All payments can only be made in Euro currency and therefore the Customer acknowledges and accepts that the increases on the exchange rate and the conversion commissions established by the international circuits remain the sole responsibility of the Customer.
6. Confirmation of shipment and delivery
6.1. HomeCrave will send the Customer the Order Confirmation email pursuant to article 4.6. which will also contain a confirmation of shipment of the Products to the address indicated by the Customer, as well as a subsequent e-mail confirming their delivery. With reference to Partner Products, the Customer will only receive the Order Confirmation email also containing confirmation of shipment to the address indicated by the Customer.
6.2. A link will be indicated in the Order Confirmation and shipment confirmation email, by clicking on which it will be possible to follow the status of the shipment. The Customer is required to regularly use the link in question in order to be updated in real time on any possible changes in delivery. Furthermore, the Customer will be able to access the "My Orders" section of his account to check the status of the shipment.
6.3. In the case of Orders consisting of two or more Products, to speed up delivery, separate shipments may also be arranged.
6.4. In the case of Orders consisting of two or more Products delivered in separate shipments, if the Customer has chosen the payment on delivery method, each shipment will contain a receipt and the Customer will have to pay separately for each delivery only the fee for the goods being delivered .
6.5. In the case of purchasing Partner Products, shipping to the Customer may be managed by HomeCrave or by the Partner depending on the agreements made between them. The Customer will be informed in advance about who will manage the shipment of the Partner Products directly on the relevant Product Page.
6.6. After the Product has been shipped, the Order can no longer be canceled or modified. The return of Products already shipped must be carried out in accordance with the withdrawal procedure provided for in article 9.
7. Packaging or packaging
7.1. The Products purchased on the Site are delivered using the appropriate packaging for purchases on the Site.
8. Shipments and delivery of the Products
8.1. Before submitting the Order Request, the Customer must choose between the standard delivery method and the express delivery method. It is not possible to change the delivery method from standard to express and vice versa once the choice has been made. The standard and express delivery times and the related costs are indicated on the Site. The expected delivery times are, however, indicative and not binding. Deliveries will in any case be made within a maximum of 30 (thirty) days from the date of the Order Confirmation, except in cases where force majeure or unforeseeable circumstances occur.
8.2. In the case of a mixed Order of Products sold by HomeCrave and one or more Partners or in the case of Products sold by multiple Partners, delivery of the same may take place separately. In this case, if the Customer wishes express delivery, he will have to bear a cost for each shipment.
8.3. In the case of standard shipping, the Customer may be charged for shipping costs for the Products which will be clearly indicated on the delivery method selection page on the Site. In this case the shipping costs that will be charged to the Customer will be highlighted on the summary page and payment and also reported separately in the Order Request. In the case of express shipping, the expected shipping costs are always borne by the Customer and are also highlighted on the summary and payment page and reported separately in the Order Request.
8.4.. Customs duties will always be borne by the Customer, without prejudice to the provisions of article 12.3.
8.5. In the case of shipment to the address indicated in the Order Request by the Customer, the purchased Products will be delivered via courier selected by HomeCrave or by the Partners (defined as "Courier") on working days (with the exclusion, therefore, of Saturdays, Sundays and local or national holidays).
8.6. The signature of the Customer (or his delegate) is required at the time of delivery. Deliveries are not made to post office boxes.
8.7. The Customer (or his delegate) is required to check, at the time of delivery of the Products by the Courier or upon collection of the same:
(i) that the number of packages delivered corresponds to that indicated on the delivery document; And
(ii) that the packaging and related seals are intact, not damaged, not wet or altered in any way.
Any damage to the packaging and/or the Product or the mismatch in the number of packages or indications must be immediately reported in writing on the Courier's delivery document. Once the Courier's document has been signed without the Customer having raised any objections, the Customer will not be able to raise any objections in this regard.
8.8. The risk of loss or damage to the Products passes to the Customer when the latter (or a third party designated by him and other than the Courier) physically takes possession of the Product.
9. Right of withdrawal
9.1. Pursuant to article 52 of the Consumer Code, the Customer has the right to withdraw from the Contract, without specifying the reason, within 14 (fourteen) days from the date on which the Customer (or his representative authorized to receive the Product) physically enters in possession of the Product (so-called legal withdrawal). In the case of multiple Products ordered by the Customer through a single Order and delivered separately, the deadline for exercising the right of withdrawal starts from the day on which the Customer or a third party designated by the Customer, other than the Courier, acquires physical possession of the last Product.
9.2. To exercise the right of withdrawal and return the product, the Customer can, within the deadline set in the previous article 9.1.:
(i) communicate to HomeCrave Customer Service by e-mail to info@homecrave.it of the intention to exercise the right of withdrawal, providing the following information: (a) Order number; (b) indication of the Product for which the Customer wishes to exercise the right of withdrawal;
9.3. Within 14 (fourteen) days from the notice of withdrawal (sent in accordance with the previous article 9.2.), the Customer must return the purchased Product: (i) to HomeCrave, if it is a Product sold by HomeCrave, sending it to the address indicated on the return label present in the box in which you received the Product; (ii) to the Partner, if it is a Partner Product, sending it to the address indicated on the Product Page and reported in the Order, following the instructions on the Site. The costs for returning the Product will be borne by HomeCrave or the Partner .
9.4. The purchased Products must be returned intact, unused, in their original packaging (where applicable), undamaged and equipped with an identification tag attached with a disposable seal still attached. In particular, underwear and swimsuits will also be accepted only if returned in their original packaging, equipped with an identification tag attached with a disposable seal still attached and the hygiene label. In the event of depreciation of the Products, due to manipulation of the same which is not strictly necessary to verify their nature and characteristics, HomeCrave and the Partner reserve the right not to accept the return or not to fully refund the sums paid for the purchase of Products that do not have the relevant tag, the original packaging or that have been altered in their essential and qualitative characteristics or that have been used or damaged.
9.5. Having received a notice of withdrawal from the Customer and verified the correct execution of the terms and conditions indicated in this article, HomeCrave or the Partner will refund the Customer the price of the Product and, in the case of withdrawal within 14 (fourteen) days from receipt of the Product, including the costs incurred by the Customer for shipping, if he has opted for the standard delivery method. HomeCrave or the Partner carries out the refund using the same payment method used by the Customer for the purchase of the returned Product, unless otherwise expressly agreed with the Customer and provided that the latter does not have to incur additional expenses for this refund. In the event that the Customer has chosen payment on delivery, the refund will be made via bank transfer to the current account indicated by the Customer. Furthermore, if the Customer has chosen to pay via a gift voucher, he will be given a voucher of the same amount to be used for future purchases on the Site.
9.6. HomeCrave or the Partners may suspend the refund until the returned Product is received or, if it occurs before such receipt, until the Customer provides proof of having sent the Product back.
9.7. The Products can also be returned, within the deadline specified in article 9.1., to HomeCrave sales points, or to the Access Points indicated on the Site. No cash refunds are made at HomeCrave sales points and Access Points; the refund will be made according to the procedure set out in articles 9.5 and 9.6. In the case of returns of Products purchased from a Partner carried out at HomeCrave sales points or at Access Points, the refund will be made exclusively following verification and confirmation by the Partner of the integrity of the returned Product pursuant to article 9.4.
9.8. The practical instructions for returning the Products pursuant to this article are also present on the Site.
10. Cases of exclusion of the right of withdrawal
10.1. In compliance with the provisions of article 59, paragraph 1, of the Consumer Code, the right of withdrawal does not apply to Orders relating to personalized Products such as, by way of example and not limited to, Products on which the Customer's initials are engraved . The right of withdrawal is also excluded in relation to sealed Products which do not lend themselves to being returned for hygienic reasons or related to health protection and which have been opened after delivery, such as, by way of example, cosmetic products for the care and beauty of the person.
10.2. The right of withdrawal may be excluded, in accordance with the provisions of Article 59, paragraph 1, also in relation to other categories of Products, such as goods that risk deteriorating or expiring rapidly, which include Food Products: in this case case HomeCrave will specify this circumstance to the Customer on the Product Page.
11. Replacement of Products
11.1 The replacement of the Products due to a change in size is not foreseen. The Customer must return the Product he wishes to replace and send a new Order Request for the different size. Even at HomeCrave sales points, no replacements of the Products purchased on the Site are made, without prejudice to the right of withdrawal referred to in article 9.
3. Price of the Products
3.1. The price of the Products indicated on the Site is expressed in Euros and is inclusive of all applicable taxes or duties. Any delivery costs, specified on the page of the Site containing the delivery methods, must be added to the price of the Products.
3.2. HomeCrave and Partners constantly verify the accuracy of the prices of the Products indicated on the Site; however, the absence of errors cannot be guaranteed. In the event that an error is found in the indication of the price of a Product, HomeCrave will reject the Order and offer the Customer the opportunity to purchase the Product at the correct price.
3.3. The promotions indicated on the Site will be applicable to the Product only where expressly specified for the same on the Product Page.
3. Price of the Products
3.1. The price of the Products indicated on the Site is expressed in Euros and is inclusive of all applicable taxes or duties. Any delivery costs, specified on the page of the Site containing the delivery methods, must be added to the price of the Products.
3.2. HomeCrave and Partners constantly verify the accuracy of the prices of the Products indicated on the Site; however, the absence of errors cannot be guaranteed. In the event that an error is found in the indication of the price of a Product, HomeCrave will reject the Order and offer the Customer the opportunity to purchase the Product at the correct price.
3.3. The promotions indicated on the Site will be applicable to the Product only where expressly specified for the same on the Product Page.
3. Price of the Products
3.1. The price of the Products indicated on the Site is expressed in Euros and is inclusive of all applicable taxes or duties. Any delivery costs, specified on the page of the Site containing the delivery methods, must be added to the price of the Products.
3.2. HomeCrave and Partners constantly verify the accuracy of the prices of the Products indicated on the Site; however, the absence of errors cannot be guaranteed. In the event that an error is found in the indication of the price of a Product, HomeCrave will reject the Order and offer the Customer the opportunity to purchase the Product at the correct price.
3.3. The promotions indicated on the Site will be applicable to the Product only where expressly specified for the same on the Product Page.
3. Price of the Products
3.1. The price of the Products indicated on the Site is expressed in Euros and is inclusive of all applicable taxes or duties. Any delivery costs, specified on the page of the Site containing the delivery methods, must be added to the price of the Products.
3.2. HomeCrave and Partners constantly verify the accuracy of the prices of the Products indicated on the Site; however, the absence of errors cannot be guaranteed. In the event that an error is found in the indication of the price of a Product, HomeCrave will reject the Order and offer the Customer the opportunity to purchase the Product at the correct price.
3.3. The promotions indicated on the Site will be applicable to the Product only where expressly specified for the same on the Product Page.
3. Price of the Products
3.1. The price of the Products indicated on the Site is expressed in Euros and is inclusive of all applicable taxes or duties. Any delivery costs, specified on the page of the Site containing the delivery methods, must be added to the price of the Products.
3.2. HomeCrave and Partners constantly verify the accuracy of the prices of the Products indicated on the Site; however, the absence of errors cannot be guaranteed. In the event that an error is found in the indication of the price of a Product, HomeCrave will reject the Order and offer the Customer the opportunity to purchase the Product at the correct price.
3.3. The promotions indicated on the Site will be applicable to the Product only where expressly specified for the same on the Product Page.
3. Price of the Products
3.1. The price of the Products indicated on the Site is expressed in Euros and is inclusive of all applicable taxes or duties. Any delivery costs, specified on the page of the Site containing the delivery methods, must be added to the price of the Products.
3.2. HomeCrave and Partners constantly verify the accuracy of the prices of the Products indicated on the Site; however, the absence of errors cannot be guaranteed. In the event that an error is found in the indication of the price of a Product, HomeCrave will reject the Order and offer the Customer the opportunity to purchase the Product at the correct price.
3.3. The promotions indicated on the Site will be applicable to the Product only where expressly specified for the same on the Product Page.
3. Price of the Products
3.1. The price of the Products indicated on the Site is expressed in Euros and is inclusive of all applicable taxes or duties. Any delivery costs, specified on the page of the Site containing the delivery methods, must be added to the price of the Products.
3.2. HomeCrave and Partners constantly verify the accuracy of the prices of the Products indicated on the Site; however, the absence of errors cannot be guaranteed. In the event that an error is found in the indication of the price of a Product, HomeCrave will reject the Order and offer the Customer the opportunity to purchase the Product at the correct price.
3.3. The promotions indicated on the Site will be applicable to the Product only where expressly specified for the same on the Product Page.
3. Price of the Products
3.1. The price of the Products indicated on the Site is expressed in Euros and is inclusive of all applicable taxes or duties. Any delivery costs, specified on the page of the Site containing the delivery methods, must be added to the price of the Products.
3.2. HomeCrave and Partners constantly verify the accuracy of the prices of the Products indicated on the Site; however, the absence of errors cannot be guaranteed. In the event that an error is found in the indication of the price of a Product, HomeCrave will reject the Order and offer the Customer the opportunity to purchase the Product at the correct price.
3.3. The promotions indicated on the Site will be applicable to the Product only where expressly specified for the same on the Product Page.